The first week of the new administration has brought sweeping changes to U.S. immigration policy through a series of executive orders and policy memos. These developments impact asylum, expedited removal, birthright citizenship, detention, and enforcement priorities. Below is a summary of the most significant changes and their potential implications for our clients and practice.
Key Executive Orders & Policy Changes
Rescission of Biden Administration Executive Orders
The administration has revoked all immigration-related executive orders from the previous administration, effectively eliminating prior protections and policies.
Elimination of Deportation Priorities
Under this order, there are no enforcement priorities—all undocumented individuals, regardless of their history or length of stay, are subject to removal. Expedited removal criteria have been expanded, increasing the risk of deportation without due process.
Restrictions on Birthright Citizenship (Pending Litigation)
A new executive order seeks to deny automatic U.S. citizenship to children born in the U.S. to undocumented parents or temporary visa holders unless at least one parent is a U.S. citizen or permanent resident. The ACLU has already filed suit, and a federal judge has issued an initial hold.
End of Asylum Access at the Southern Border
Asylum seekers can no longer apply for protection at the U.S.-Mexico border. The administration has terminated the CBP One app and humanitarian parole programs for nationals of Haiti, Nicaragua, Venezuela, and Cuba. The return of “Remain in Mexico” policies is expected.
Expansion of Expedited Removal
Noncitizens present in the U.S. for less than two years—regardless of location—can now be subject to expedited removal without a hearing. Immigration attorneys should advise clients on documenting their continuous presence to counteract this expansion.
Increased Use of Immigration Detention
The administration has ended “catch and release,” mandating detention for all noncitizens in removal proceedings. This is expected to significantly increase immigration detention populations, creating new challenges for legal representation.
Crackdown on Sanctuary Jurisdictions
Jurisdictions refusing to comply with federal immigration enforcement may face fines, loss of funding, and penalties for individuals assisting undocumented immigrants (scope yet to be defined).
Potential New Travel Bans
Within 60 days, the administration will identify countries with “deficient” vetting processes and may impose new travel restrictions. Practitioners should monitor potential impacts on clients from previously banned countries.
Military Involvement in Immigration Enforcement
The administration is invoking claims of “invasion” at the border to deploy military resources, including the National Guard, for immigration enforcement. This raises constitutional and jurisdictional concerns that will likely face legal challenges.
Pausing Refugee Admissions
The U.S. refugee resettlement program is on hold for at least 90 days while the administration re-evaluates its policies. The president will determine future admission levels.
Immediate Considerations for Practitioners
✔️ Advise clients on proof of residency – Those who may be vulnerable to expedited removal should maintain documentation demonstrating two or more years of U.S. presence.
✔️ Prepare for increased detention cases – With mandatory detention returning, securing bond hearings and legal representation for detained clients will be critical.
✔️ Monitor ongoing litigation – Many of these executive orders will be challenged in court, and outcomes will impact enforcement and implementation.
These policies represent a significant shift in immigration enforcement with widespread legal and humanitarian implications. As immigration practitioners, we must stay informed and proactive in advocating for our clients.